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(영문) 대전지방법원 서산지원 2016.06.23 2016고단184

특수재물손괴등

Text

1. The punishment of the accused shall be ten months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Around September 2015, the Defendant began with the Victim C (V, 38 years of age) on and around September 2015, and was living together at the victim’s home from January 2016, and was at the end of February 2016.

1. The Defendant who damaged a special property is the victim’s hedging at the victim’s home where DD operation 302 is in progress on March 7, 2016, around 12:24.

Based on the reasons that they were, the knife knife knife, the knife knife 19:30 on the same day, and the knife knife 10 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

2. The Defendant of intimidation: (a) at around 12:56 March 7, 2016 at the same location, destroyed and damaged knife in the same knife as indicated in paragraph 1; and (b) taken the tear tear, and then taken the knife of the knife.

ㅋ” 라는 문자 메시지와 함께 피해자의 휴대폰으로 전송하는 등 2016. 3. 7. 10:45 경부터 2016. 3. 11. 22:32 경까지 별지 범죄 일람표 기재와 같이 총 7회에 걸쳐 피해자에게 공포심을 일으킬 수 있는 해악을 고지하여 피해자를 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the relevant Acts and subordinate statutes to details of receipt of the relevant pictures and text messages;

1. Relevant legal provisions concerning facts constituting an offense and the point of destroying special property that is subject to the option of punishment: The point of intimidation of a punishment by imprisonment under Articles 369 (1) and 366 of the Criminal Act, Article 283 (1) of the Criminal Act, Article 283 of the Criminal Act, and the choice of a punishment by imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The scope of the final sentence according to the aggravated punishment for multiple crimes in the basic area (crimes 1 to 6) No. 1 (crimes 2 to 1 to 6) of the basic area (crimes Terrorism) under Article 62(1) of the Criminal Act, the scope of the punishment recommended for the reasons of sentencing under Article 62(1) of the suspended execution of the Criminal Act: August to two years, the defendant was the person in this case.